Sanderson v. Leg Apparel LLC

Background

Plaintiff requested that the court provide legal counsel for the plaintiff’s deposition. The complaint asserted claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. The complaint alleged discrimination based on race and sexual orientation, as well as retaliation.

The court stated that Plaintiff had been granted permission to proceed without paying filing fees and therefore qualified as unable to afford counsel. In civil cases, the court explained, it cannot require the government to supply a free lawyer or formally appoint one under the applicable statute. Instead, it may ask a lawyer to volunteer. The court also explained that such requests should be made sparingly and evaluated under factors including the apparent substance of the claims, the litigant’s ability to investigate and present the case, the importance of cross-examination, the complexity of the legal issues, and whether counsel would likely lead to a fairer result.

Analysis

The court found that Plaintiff’s claims were “likely to be of substance.” It also found that the other factors supported representation. In particular, the court considered the deposition potentially crucial in this employment-discrimination case and concluded that representation would improve the fairness and efficiency of the proceeding by helping sharpen the issues and shape the examination.

Ruling and scope of representation

The court granted Plaintiff’s application for pro bono counsel in a limited form and directed the Clerk of Court to try to locate a volunteer lawyer. The lawyer’s appearance would be limited to defending Plaintiff’s deposition. Pro bono counsel could also participate in settlement discussions.

The court stated that counsel would not be required to handle matters beyond those described in the order, including responding to a motion for summary judgment. Counsel could ask for appropriate relief, such as more time for Plaintiff to respond, or ask to expand the representation if such a motion were filed. Unless the court expanded the scope, the representation would end after the deposition, and counsel would have no further obligations after filing a notice of completion.

The court also stated that volunteer counsel might seek reimbursement of certain out-of-pocket expenses under the court’s Pro Bono Fund. It warned that finding a volunteer could take a long time, that no volunteer was guaranteed to accept the case, and that Plaintiff should be prepared to proceed without a lawyer. Finally, the court denied fee-free status for an appeal from this order after certifying that an appeal would not be taken in good faith.